Presented to Government Services Committee June 20, 2013
To: cc: Fr: Legislator Vetter, Chairperson Government Services Committee S. Yasgur Date: June 20, 2013 Re: Information Concerning Policies for Evidentiary Towing
At your request I have gathered information concerning policies employed by law enforcement agencies in the region (Delaware County, Ulster County, Orange County, City of Middletown and New York State Police) with respect to so called evidentiary tows.
ORANGE COUNTY SHERIFF S OFFICE I spoke with Chief Onarati. He described the detailed policy the Orange County Sheriff s Office adopted some years ago in response to issues about towing. Chief Onorati indicated he would try to assemble the bidding documents which are the essence of their towing policy. Chief Onorati described their policy as follows: A few years ago the Orange County Sheriff s Office divided their County into nine sectors. Their goal was to have designated towing companies in each sector who could be at the scene of an incident within twenty minutes from the time of a call. The Sheriff s Office sought bids for light, medium and heavy tows in each of the nine sectors. The bids specified all of the charges for various services: recovery, towing, storage and special services.
ORANGE COUNTY SHERIFF S OFFICE continued As a result the Orange County Sheriff s Office has a list of the winning light, medium and heavy towing companies to be employed in each of the nine sectors. The Sheriff s Office uses that list of winning bidders not only for evidentiary tows but also for calls made to assist someone who needs a tow and doesn t know who to call. In all cases the Deputy calls the tow company who was the winning bidder ( light, medium or heavy ) for that sector. They do not use Tow of the Day or a Rotational List. In all cases the charges are as specified in the winning bid. Evidentiary Tows also include stolen vehicles and vehicles seized by their civil division in addition to vehicles seized for evidentiary purposes. Storage of Evidentiary vehicles is in a secure County impound.
ULSTER COUNTY SHERIFF S OFFICE I spoke with Undersheriff Frank P. Faluotico Jr. He provided a copy of their Towing Policy which has been in effect since 1987. Other than in the Town of Esopus, the Ulster County Policy requires that the Deputy on Scene request that Communications contact the nearest available tow truck to be sent to the scene. Cruising tow trucks or tow trucks which arrive on scene without being called are not considered the nearest available. Nearest available is based on the location of the towing company s garage or yard. In the Town of Esopus a specified rotational list is to be used. Deputies are prohibited from suggesting a towing service to a vehicle owner/operator. Vehicles which must be impounded due to an equipment problem but not for Evidentiary reasons are taken to the towing company s location. When Evidentiary Tows are made pursuant to an arrest and the Sheriff s Office has to pay for the tow, a copy of the bill is sent to the Court and the Judge is requested to order restitution for the expense. The Sheriff s Office maintains an impound area.
DELAWARE COUNTY SHERIFF S OFFICE I spoke with Lt. Tim Buckley. He sent me a copy of their written Towing Policy. It was put into effect in 2007. The current Delaware County Towing Policy does not specify the means for selecting a towing company for Evidentiary Tows. Where a vehicle is damaged in an accident the Deputy has discretion to have the vehicle towed by the nearest available company, if necessary due to existing hazards or dangerous conditions. The Delaware County Sheriff s Office maintains its own impound locations; the Evidence Vehicle Bay at the Sheriff s Office garage and the Sheriff s yard. Vehicles are impounded only if absolutely necessary. The policy contains a detailed procedure for conducting an inventory of impounded vehicles.
CITY OF MIDDLETOWN POLICE DEPARTMENT I spoke with Chief of Police R. Bethencourt and Sgt. Mark Doty. Sgt. Doty provided a copy of their written policies and the applicable provisions of the City Code. Towing in the City of Middletown is controlled by Common Council of the City pursuant to their Charter. (PLEASE NOTE: Cities and towns have the authority to license and regulate towing companies. The County does not appear have such authority.) The City issues Two Classes of permits to towing companies: Restricted and Unrestricted. Daytime and nighttime towing rates and storage rates are set by Common Council. For evidentiary tows the City Police Department uses companies on the Police Department s list of those with Unrestricted Permits.
CITY OF MIDDLETOWN POLICE DEPARTMENT continued The towing companies are utilized by the Police Department on a rotating basis. The Police Department may skip a towing company which is next on the list for a particular Evidentiary Tow if that company does not have secure storage and if the Police Department requires secure storage with respect to that vehicle. Otherwise, Evidentiary Tows are all done from the City s list of companies with Unrestricted Permits, on a rotating basis. If the case is potentially very serious and higher security is required the vehicle may be taken to the Police Department garage. The Police Department pays for evidentiary tows and then seeks reimbursement from the District Attorney.
NEW YORK STATE POLICE / FERNDALE I spoke with Captain Kaminski and Zone Sergeant Hafele. The Zone Sergeant provided a copy of their towing policy. It is extensive and detailed. The State Police use rotational lists in each Town. For example, if the incident occurs in the Town of Thompson the Trooper would use the list of towing companies for the Town of Rockland and would call the next company on the list. With respect to Evidentiary Tows the State Police maintain the necessary chain of custody by having a Trooper follow the tow from the scene to the storage location. Because the Troopers maintain visual custody of the vehicles during Evidentiary Tows there is no need to have specially approved companies to do such tows. In Sullivan County some evidentiary tows are taken to S.P. Ferndale. The storage area is behind a State Police station which is occupied 24/7. If there is a need for more security the vehicle is towed to the Troop F Headquarters in Middletown where they maintain a secure impound.
COUNTY OF SULLIVAN DEPARTMENT OF PURCHASING AND CENTRAL SERVICES BIDDER'S REQUEST FOR QUOTE PROPOSALS Quote Item: Towing Services for Evidentiary Vehicles for SC Sheriff s Department Quote No.: Q 12 20 Requisitioning Department: Sheriff s Department Issue Date: June 15, 2012 Opening Date: Wednesday, June 27, 2012 Catskill Tow & Recovery Robert Green Truck Div. Attn: Jim PO Box 8002 55 Foss Road Rock Hill NY 12775 ZONE 4 Monticello, NY 12701 T: 845 794 6161 T: 845 791 8710 E: rsgreen_rgtruck@hotmail.com C: 845 798 8626 ZONE 4 F: 845 794 5880 Marty s Service E: jamescontrys@yahoo.com 354 Old Route 17 Monticello, NY 12701 Maplewood Auto T: 845 794 5025 ZONE 4 Attn: Sue ZONE 4 F: 845 794 0593 or 845 794 5071 414 New York 17B Monticello, NY 12701 Truck Pro T: 845 794 6940 T: 845 707 4342 ZONE 4 F: 845 794 1309 E: truckpro@hvc.rr.com Prestige Towing & Rec. Interstate Attn: Sean T: 845 866 1516 947 Old Route 17 F: 845 794 0330 ZONE 4 Harris, NY 12742 ZONE 4 T: 845 794 8522 M&R Towing Mamakating F: 845 794 0593 P.O. Box 216 Wurtsboro, NY 12790 Al s Auto T: 845 888 4013 ZONE 4 T: 845 791 4722 ZONE 4 Night: 845 754 8758 E: acaycho@hvc.rr.com Cell: 845 313 2798 Contry s Automotive Rock Hill Service Center T: 845 791 8710 T: 845 794 5949 F: 845 794 5880 ZONE 4 F: 845 796 1033 ZONE 4 Better Service Sedlack s T: 845 794 7639 T: 845 794 0648 ZONE 4 F: 845 794 0593 ZONE 4 E: wmsedlack@yahoo.com Jim s Auto Dicks Delaware T: 845 794 3466 ZONE 4 T: 845 482 4460 then 0 E: cbcra@aol.com F: 845 482 5516 ZONE 1 Welton Tire & Auto Callicoon P.O. Box 46 ZONE 1 North Branch, NY 12766 Roches Delaware T: 845 482 4569 Mickey Not Interested Youngsville Garage Callicoon Attn: Scott ZONE 1 T: 845 482 5151 Kantrowitz Day Fallsburg Night: 845 482 5245 Left Message 6/15 Home: 845 482 5151 T: 845 434 5170 Fax: 845 482 9310 N: 845 434 5109 Russells Day Fallsburg T: 845 436 0037 Night: 845 434 4487 Home: 845 434 8876 ZONE 2 F: 845 436 1457
COUNTY OF SULLIVAN DEPARTMENT OF PURCHASING AND CENTRAL SERVICES BIDDER'S REQUEST FOR QUOTE PROPOSALS Quote Item: Towing Services for Evidentiary Vehicles for SC Sheriff s Department Quote No.: Q 12 20 Requisitioning Department: Sheriff s Department Issue Date: June 15, 2012 Opening Date: Wednesday, June 27, 2012 Fallsburg Service Fallsburg D&R Highland Attn: George T: 845 557 8881 ZONE 5 T: 845 434 1400 ZONE 2 Night: 570 559 7696 C: 845 798 4693/798 7393 F: 845 557 0320 F: 845 434 7689 Shermans Garage Fallsburg Eldred Service Highland T: 845 434 8089 ZONE 2 T: 845 557 0303 ZONE 5 E: psmd52@hotmail.com F: 888 482 1931 Behans Fallsburg Baums Liberty T: 845 434 7650 ZONE 2 T: 845 807 1936 N: 292 0155 Night: 845 798 2869/866 4432 F: 845 292 2307 ZONE 2 F: 845 434 7185 E: jbtowing1978@yahoo.com Brothers II Fallsburg Brookside Highland T: 845 434 7397/434 5889 T: 845 557 6424 ZONE 5 Night: 845 434 4693 Night: 845 701 9306 C: 845 798 7397 ZONE 2 E: brookside535@yahoo.com E: georgebmw4@yahoo.com White Sulphur Auto & Truck Liberty T: 845 292 1600 Mikes Tires Liberty ZONE 2 C: 845 866 2782 ZONE 2 T: 845 292 1837, 701 7046 Home: 845 747 4594 E: motires@live.com E: Kevin@whitesulphurgarage.com Sams Towing Liberty MCJ s Auto Liberty ZONE 2 T: 845 292 7720 ZONE 2 T: 845 292 0332, 747 4478 E: jeff@samstowingworld.com E: mcjsales@msn.com NY Truck Parts Mamakating Zannettis Neversink T: 845 888 8088 ZONE 4 T: 845 985 7786 ZONE 2 E: truckmann@gmail.com E: kzsercen@hotmail.com M&R Towing Mamakating Fred Emery Rockland P.O. Box 216 ZONE 4 T: 845 439 5635 ZONE 1 Wurtsboro, NY 12790 C: 845 798 5635 T: 845 888 4013 F: 845 439 4913 Night: 845 754 8758 Cell: 845 313 2798 Summit Auto Mamakating Lava Towing Tusten T: 845 888 2500 ZONE 4 Attn: Bruce Gettel Night: 845 436 5028/888 5418 T: 845 252 7200 ZONE 5 E: Robert_blakesley@yahoo.com C: 845 665 9827 Pantore s Garage Rockland Bud Big Bend Tusten T: 607 498 5118 ZONE 1 T: 845 252 3972 ZONE 5 E: depantore@citlink.net N: 845 887 4086 F: 845 252 3972